Attorney: Oxford village can only remove members of Downtown Development Authority board if move is 'for cause'

OXFORD -- The only way the Oxford Village Council can remove members of the Downtown Development Authority board is by showing the move is "for cause," said village attorney Robert Davis in an opinion Wednesday.

Last week, council members asked the attorney if they can remove DDA board members before the end of their term to which, Davis replied: "Yes, but only for cause after the DDA board member is given notice and an opportunity to be heard."

There is no definition of "for cause" in the village statutes, internal codes, ordinances or in the bylaws of the DDA, explained Davis, who is a Mount Clemens attorney contracted by the council. But he said reasons to remove a member would be based on their failure to fulfill their board duties such as attending meetings regularly.

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"If you want to change the complexity of the board, is that for cause?" Davis said. "No."

In addition, if the council decides to remove board members they have to be notified and given a hearing, and they can appeal the decision to an Oakland County Circuit Judge.

"This was to be expected," Village Manager Joe Young said. "This issue has been raised before in other boards and commissions. You can't remove anyone unless you have a valid reason."

After eliminating the DDA executive director position in June, the council wanted to overhaul the board, because the DDA ended its fiscal year with a $14,000 deficit. The council transferred $15,000 from the village fund to cover the shortfall, Young said.

Part of the problem this year was the fact that the DDA had to unexpectedly pay $30,000 to local residents because they won tax appeals, Young said. In addition, the tax revenues collected were less than anticipated.

But, some say, the DDA board also is guilty of spending money it doesn't have.

"Changes have to happen," said William Dunn, Oxford Township Supervisor, who serves on the board. "We've got council people, DDA people, all pointing fingers. You know what, they should point it at themselves. There's enough blame to go around."

One example, he said, is the fact that the DDA spent about $500 on a recognition dinner for volunteers last year.

"They just have to remember that this is not their money," he said. "There is a limit on how much we have."

Although the Village has made parking lot improvements the last few years, there is still work to be done such as upgrading one of the alleys on the east side of M-24 or selling some of the village properties, he said.

As for the elimination of the executive director position, Young and Dunn will handle some of the managerial issues themselves, and Dunn suggested the board hire someone part time to help.

"Anytime you lose resources, you're going to have an impact," Young said. "You're losing the time, effort and energy the person put in. It will be missed."

Former executive director Madonna Van Fossen held the position for nearly five years and earned about $68,000 for salary and benefits.

During that time, Oxford won eight awards from Main Street Oakland County, an economic development program focused on downtown districts.